Michael Cherry, Manfred Schenk and Joseph Kennedy are the ONLY experts to have ever won Innocence, Habeas, Dauberts and the Exclusion of Call Detail Records (CDR's) against Historical Cell Site Analysis / Cell Tower Tracking.
Call Detail Records (CDR's) were not designed for courtroom tracking purposes and as such they are ALWAYS inexact and unreliable. As cell phone application developers we are proud of our groundbreaking Daubert and Innocence wins including the following:
- In THE STATE OF CONNECTICUT V. EMMANUEL HILDING SALORIO the trial judge, The Honorable James Graham, excluded from evidence Verizon Call Detail Phone Records (CDR's) that the prosecutor wanted to use to support his theory that Hilding Salorio was in the area of the victim's apartment on the night of the crime.
- Lisa Marie Roberts was freed after serving 12 years for a murder that she did not commit. LISA MARIE ROBERTS ORDER CR233. "Petitioner shall be released from custody unless the State of Oregon elects to retry her within 90 days of the date of this Opinion and Order." The Honorable Malcolm F. Marsh United States District Judge.
- UNITED STATES V. ANTONIO EVANS. "Special Agent Raschke may not testify concerning the theory of granulization, which the court finds to be unreliable. In addition, the estimated coverage areas contained in summary exhibit 6 must be removed before the court will admit this exhibit." The Honorable Joan Humphrey Lefkow United States District Judge.
- UNITED STATES OF AMERICA V. RODERICK THORNTON."The Court would have significant concerns if Special Agent Fitzgerald were to offer an expert opinion on the precise street location or radius where the Defendant’s phone communications were made based on the telecommunications data and methodology identified in his testimony. However, Fitzgerald clearly indicated that based on current data and cell technology infrastructure, he could not reliably 0ffer an opinion regarding the specific location footprint indicated by the phone calls at issue here." The Honorable Amy Totenberg United States District Judge.As members of several Wireless Associations including the California Wireless Association and the Communications Society for Electrical and Electronic Engineers (IEEE), Cherry Biometrics Inc. is unaware of any telephone company that includes distance as a part of their cell tower antenna selection criteria. Antenna selection is typically based on the constantly changing ratios of signal, interference, and noise measurements.
On May 11, 2011 Adrian Deon Brown was found not guilty of murder and he walked out of the Ocala, FL County Courthouse. Prosecution experts included two Radio Frequency (RF) Engineers, one from Sprint and one from Verizon. The defense team included Attorney Nicole Hardin, Michael Cherry and Manfred Schenk.
On September 17, 2012 Antonio Evans was found not guilty of kidnapping. In this case the prosecution used an FBI Cell Tower Expert and the defense countered with Michael Cherry and Manfred Schenk. UNITED STATES V. ANTONIO EVANS, 892 F. Supp2d. 949 (N.D. ILL. 2012). Patrick Blegen of Blegen and Garvey was the lead defense attorney.
On December 15, 2010 Antoine Paris Davis was acquitted in the Middletown, CT Superior Court. He was charged with home invasion robbery, burglary, assault, larceny, conspiracy and accessory to kidnapping with a firearm. His defense attorney Aaron J. Romano used Manfred Schenk, as his Cell Tower Expert. The prosecution used a Verizon RF Engineer Manager.
On Sept. 20, 2012 the employment of Messrs. Joyce, Bligh, and Cashman was reinstated by their employer National Grid. Their employment was terminated eight months earlier when outside cell phone experts accused them of stealing time based on cell tower call detail records (CDR’s). The outside cell phone experts choose not to appear at the final labor arbitration hearing as Manfred Schenk was there to challenge their interpretations.
On May 28, 2014 Lisa Marie Roberts, of Portland, Oregon, was released from prison after serving 12 years for a murder she didn’t commit. LISA MARIE ROBERTS ORDER CR233. The Verizon RF Engineer who claimed that he could prove Lisa’s location after her initial arrest, subsequently choose to remain silent. Manfred Schenk and Michael Cherry were the Defense Cell Tower Experts and they worked closely with Attorney William Teesdale and other attorneys at the Portland, OR Federal Public Defender Office.
On December 19, 2014 The Honorable Amy Totenberg United States District Judge ordered in the UNITED STATES OF AMERICA V. RODERICK THORNTON Daubert: "The Court would have significant concerns if Special Agent Fitzgerald were to offer an expert opinion on the precise street location or radius where the Defendant’s phone communications were made based on the telecommunications data and methodology identified in his testimony. However, Fitzgerald clearly indicated that based on current data and cell technology infrastructure, he could not reliably offer an opinion regarding the specific location footprint indicated by the phone calls at issue here." The Defense Attorney was Fenn Little.
Cell tower evidence was misinterpreted in a wrongful death case. Mr. V was falsely accused of driving his truck in excess of 76 miles per hour.
Mike and Manfred,
Lisa Roberts was released yesterday afternoon. The DA will not
attempt to prosecute the case again. Thank you so much for your
work on this case. It was pretty amazing to be there to pick up Lisa
at the prison gate as she was released after serving 12 years for a
crime she did not commit. Cheers, William
William J. Teesdale Federal Public Defender Chief Investigator 101 S.W. Main St., Suite 1700 Portland, OR 97204
I would like to endorse Michael Cherry for anyone who has a case where
cellular tower records are being used to locate the position of a defendant
or witness. He assisted me greatly in my last trial that ended in a not
guilty verdict. I spoke with the jurors who all stated after the cross exam
of the state's expert and our presentation of evidence, the cellular tower
location was not even a consideration. We should all be pushing for this
evidence to be tossed out in a Daubert/Frye hearing. While one was held in
my case and the judge allowed the evidence in, the jury was bright enough to
know what to do with this type of evidence- throw it out!
Thank you Mike and Manfred!
Aaron J. Romano, P.C.- Trial Attorneys
45 Wintonbury Avenue, Suite 107
Bloomfield, CT 06002
Licensed in CT, PA, USVI
Michael and Manfred met when they were both working on Apollo 11 The Trip To The Moon. They are mainframe, SCADA and PC assembly language programmers who design and live communications network products and solutions.
Daubert - STATE OF MICHIGAN v. QUINTEL ANDREW WEST - Prosecution maps are misleading.
"... It was clear to the Court that Manfred Schenk's testimony destroyed the testimony of the People's expert." Honorable Geoffrey L. Neithercut, State of Michigan Motion for New Trial of Tajan Marnez Williams.
UNITED STATES v. ANTONIO EVANS
After listening to the defense testimony, Judge Joan Lefkow concluded that the prosecution testimony was unreliable. In her words,
[The prosecution expert, FBI CAST] Special Agent Raschke testified that using a theory of granulization he can estimate the range of certain cell sites based on a tower’s location [relative] to other towers. This in turn allows him to predict the coverage overlap of two closely positioned towers. Special Agent Raschke testified that he has used this theory numerous times in the field to locate individuals in other cases with a zero percent rate of error.
Judge Lefkow was “unconvinced that [the prosecution’s] granulization theory is reliable.” She found that the theory “remains wholly untested by the scientific community.” Her Honor commented that “[e]stimating the coverage area of radio frequency waves requires more than just training and experience; it requires scientific calculations to take into account factors that can affect coverage. Special Agent Raschke presented no scientific calculations and did not consider a variety of relevant factors.” In her ruling, she excluded both part of Agent Raschke’s testimony and a chart purportedly estimating the range of coverage of the cell towers involved in the case.
Contact Manfred Schenk or Michael Cherry
(888) 827-7240 (714) 202-6480 (201) 513-8300
Cell Tower Junk Science - Defense Attorney's Describe Cell Location Victories that We Shared - JUDICATURE Magazine
META DATA CAN BE ALTERED
The META Data says that this PHOTO was taken on this date with this camera or with this cell phone camera.
We provide: any picture, any date, and any camera.
MOST CRIME SCENE FINGERPRINTS ARE INCONCLUSIVE
Contact Manfred Schenk or Michael Cherry
(888) 827-7240 (714) 202-6480 (201) 513-8300
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